Hercules and Narragansett Among the Originalists: Examining Tara Smith's Judicial Review in an Objective Legal System

33 Pages Posted: 6 Jan 2017 Last revised: 31 Jan 2017

Timothy Sandefur

Goldwater Institute

Date Written: January 25, 2017

Abstract

These comments on Tara Smith's book "Judicial Review in An Objective Legal System" were prepared for a panel at the American Philosophical Association's Ayn Rand Society. They challenge the interaction between political values and linguistic meaning in Smith's theory, asks whether objectivity does a better job than original meaning in understanding constitutional clauses like the Commerce Clause, and asks whether there is anything wrong in regarding a judge as engaged in a creative act.

Keywords: judicial review, objectivity, originalism, original meaning, original intent

Suggested Citation

Sandefur, Timothy, Hercules and Narragansett Among the Originalists: Examining Tara Smith's Judicial Review in an Objective Legal System (January 25, 2017). Available at SSRN: https://ssrn.com/abstract=2893429

Timothy Sandefur (Contact Author)

Goldwater Institute ( email )

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